Mass. Gen. Laws ch. 123, § 6

Retention of persons; validity of orders; hearing

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Section 6. (a) No person shall be retained at a facility or at the Bridgewater state hospital except under the provisions of paragraph (a) of section ten, the provisions of paragraphs (a), (b), and (c) of section twelve, section thirteen, paragraph (e) of section sixteen and section thirty-five or except under a court order or except during the pendency of a petition for commitment or to the pendency of a request under section fourteen. A court order of commitment to a facility or to the Bridgewater state hospital shall be valid for the period stipulated in this chapter or, if no such period is so stipulated, for one year. A petition for the commitment of a person may not be issued except as authorized under the provisions of this chapter.

(b) Following the filing of a petition for a commitment to a facility or to the Bridgewater state hospital, a hearing shall be held unless waived in writing by the person after consultation with his counsel. In the event the hearing is waived, the person may request a hearing for good cause shown at any time during the period of commitment.

Notes of Decisions

Cited in 14 cases (3 in the last 5 years), 1973–2025 · leading case: In re E.C.

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In re E.C. (2018) mass · cites it 7× “123, § 16 ( c ), to a petition for civil commitment under G.”

Pembroke Hospital v. D.L. (2019) mass · cites it 2× “and simultaneously arranging for his involuntary transportation to and psychiatric examination by South Shore pursuant to § 12. D.L.”

In re Chapman (2019) mass · cites it 2× “123 commitment order shall be valid for a period of six months, and all subsequent commitment orders shall be valid for a period of one year.”

Mendonza v. Commonwealth (1996) mass “G. L. c. 123, § 6. Section 15 (b) authorizes a twenty-day observation pe *784 nod, which can be extended twenty more days at the request of a physician or psychologist, for criminal defendants held on probable cause who are suspected of being incompetent to stand trial or not…”

Commonwealth v. Arment (1992) mass “Purdy, supra at 682-684 , that SDP proceedings were initiated when the prison superintendent notified the commissioner of the need for a psychiatric examination of the defendant pursuant to G. L. c. 123, § 6 (1984 ed.). In the present case, the record fails to disclose whether…”

D.L. v. Commissioner of Social Services (1992) mass “Paragraph c of the judgment declares that DSS is not required to satisfy the criteria set forth in G. L. c. 123, § 6, in making the placements.”

In the Matter of E.C. (2018) mass · cites it 6× “" G. L. c. 123, § 6 (a). 4 1. Background. The following facts are not disputed.”

In re J.B. (2014) massdistctapp · cites it 6× “(collectively, “Patients”), each appeal the trial court’s denial of his waiver of a hearing, pursuant to G.L.c. 123, §6(b), on Bridgewater State Hospital’s (“Bridgewater”) petition to commit him.”

Commonwealth v. Kevin Santiago (2021) masssuperct · cites it 2× “In July 2021, defense counsel filed the pending motion to dismiss this action in the interests of justice as allowed under G.L. c. 123, § 6(f). 3. Findings of Fact.”

In the Matter of E.C. (2016) massappct “To begin, G. L. c. 123, § 6(a), inserted by St. 1986, c.”

In the Matter of F.A. (2024) mass “[4] Alternatively, a respondent could waive his or her right to a hearing at which such a determination is made, pursuant to G. L. c. 123, § 6 (b). [5] Any liberty-restricting measures undertaken by WRCH, a Department of Mental Health (DMH) facility, if challenged, similarly…”

Commonwealth v. W.M. (2025) massappct “See G. L. c. 123, § 6 (a) (person may be held at hospital "during the pendency of a petition for commitment").”

Show all 14 citing cases →

— Mass. Gen. Laws ch. 123, § 6(a) — 3 cases

In the Matter of E.C. (2016) massappct “To begin, G. L. c. 123, § 6(a), inserted by St. 1986, c.”

Hashimi v. Kalil (1982) massdistctapp

McLaughlin v. Herbert (1973) massdistctapp

— Mass. Gen. Laws ch. 123, § 6(b) — 1 case

In re J.B. (2014) massdistctapp “(collectively, “Patients”), each appeal the trial court’s denial of his waiver of a hearing, pursuant to G.L.c. 123, §6(b), on Bridgewater State Hospital’s (“Bridgewater”) petition to commit him.”

— Mass. Gen. Laws ch. 123, § 6(f) — 1 case

Commonwealth v. Kevin Santiago (2021) masssuperct “In July 2021, defense counsel filed the pending motion to dismiss this action in the interests of justice as allowed under G.L. c. 123, § 6(f). 3. Findings of Fact.”

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